Daury+v.+Smith

(by Jody Carter) Jeffrey A. Daury, et al., Plaintiffs, Appellants v. Charles Smith, et al., Defendants, Appellees United States Court of Appeals, First Circuit Hear January 6, 1988 Decided March 11, 1988 Background

Jeffrey Daury, a grade leader and a former principal, appealed a summary judgment from the District Court, in favor of a school committee to the Court of Appeals. Daury claims that the committee deprived him of his constitutional rights by requiring him to seek consul from a psychiatrist. He claimed that this requirement was a reprisal based on his “union activities and free speech”. He also contended that the committee violated the Massachusetts statutory protections dealing with privacy and “open meetings of governmental bodies”. The Court of Appeals agreed to hear the case.

Decision

The Court of Appeals affirmed the decision of the District Court in favor of the defendants. The precedence set by this case is that concern for the public may overturn the privacy of an individual. Because Daury had several poor evaluations, received several complaints from parents, and was involved in a physical altercation with a student in which a witness was present, the Court of Appeals agreed that the school committee acted appropriately in assigning a psychiatrist to him. Plus, because information given at the meetings was information already known by the committee and thus, Daury could not produce evidence otherwise, the court decided with the defendants.

Impact on Education

The education field is affected by the outcome of the case because child welfare can be considered as a reason to override the privacy of administrators and educators. Plus, this case confirmed as well as in previously mentioned cases, that schools must provide a safe and appropriate learning atmosphere. Therefore, teachers and administrators must be aware that their freedom of privacy may be subject to interpretation if there is legitimate concern for the safety of the students. Furthermore, educational professionals must be willing to submit to what may seem to be an invasion of their privacy, to ensure that students are protected. By familiarization of this case and others, educators can become better prepared for instances such as in Daury’s case and work to create environments that do not threaten confidentiality or privacy.

Applicable Quiz Question Fill in the blank

According to the Court of Appeals, the matter of public concern _the right to privacy.

Kevin Johns MGED 3030 Court Case # 9  <span style="color: black; font-family: 'Times New Roman',serif; font-size: 12pt;">Jeffrey A. DAURY, et al., Plaintiffs, Appellants, v. Charles SMITH, et al., Defendants, Appellees. <span style="display: block; line-height: normal; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; text-align: center;"><span style="color: black; display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">United States Court of Appeals, First Circuit. <span style="color: black; display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Heard January 6, 1988. <span style="color: black; display: block; font-family: 'Times New Roman',serif; font-size: 12pt; text-align: center;">Decided March 11, 1988.

Background:

Jeffrey Daury became a principal in 1970 and the school district had to close down some schools and demote someone. They chose to demote Daury based on poor performance and knowing that the other principals were better qualified. He was seen by a psychiatrist without his knowing and claimed that this was unconstitutional and against his rights. His union activities and free speech were also considered as being violated. After the district court had heard the case and sided with the defendants, Daury took the case to the Court of Appeals. The court agreed to hear the case.

Decision:

The decision of the Court of appeals held the decision of the district court and in favor of the defendants. They stated that if many people in the public are concerned then the privacy of that individual that they are concerned about may be violated for the safety of the public. The court agreed with the school system approach of getting a psychiatrist due to the past of Daury. He had several poor reviews and complaints from parents that showed signs that he needed psychiatric help such as a physical altercation with a student.

Impact on Education

The impact on education would be that teachers can have their privacy violated if said teacher shows signs of psychiatric issues that make the general public feel unsafe or makes students feel unsafe. Teachers should understand that they are in a professional setting where they cannot allow unprofessionalism and reacting to situations instead of responding to them control what they do. If teachers pay attention to the outcome of this case it can remind them of how they are held to higher standards and if those standards are broken their privacy may be stripped from them for the betterment of the public.

According to the court case the court of appeals held the district courts decision and agreed with the _.